HomeMy WebLinkAboutPUD 11-06; Harding Street; Planned Unit Development - Non-Residential (PUD)CITY OF
CARLSBAD
Planning Division www.carlsbadca.gov
November 1, 2011
Paul Jacinto
3430 A Harding Street
Carlsbad, CA 92008
SUBJECT: MINOR PLANNED DEVELOPMENT PERMIT PUD 11-06 - HARDING STREET
Dear Mr. Jacinto,
The City has completed a review of the application for a Minor Planned Development Permit
project to convert a detached four unit apartment project to a four unit small lot single family
subdivision and private driveway and to remodel three one-family residences and construct a
new one-family residence on a .41 acre R-3 zoned property located at 3430 Harding Street.
It is the Planning Director's determination that based on the attached conditions, the project is
consistent with the City's planned development regulations for one-family dwellings on small lots
(Chapter 21.45) and with all other applicable City Ordinances and Policies. Further, the project has
been found to be categorically exempt from environmental review according to Section 15332 - In-fill
Development Projects and 15315 - Minor Land Division, of the California Environmental Quality Act
and a notice of exemption will be filed.
This memo, including the listed findings and conditions, constitutes approval of Minor Planned
Development Permit PUD 11-06.
Findings:
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of CMC Chapter 21.45, and all other applicable provisions of the Zoning
Ordinance, in that the General Plan Land Use designation for the property is
Residential Medium High (RMH). The RMH Land Use designation allows for the
development of one-family, two-family, and multiple-family residential units within a
density range of 8 - 15 dwelling units per acre (du/ac) and at a Growth Management
Control Point (GMCP) of 11.5 du/ac. The site consists of four existing residential
structures on a 0.41 acre site. When divided into four lots, the resultant project
density is 9.75 dwelling units per acre. The four proposed lots are 1.74 dwelling units
below the RHM Growth Management yield of 11.5 dwelling units used for the purpose
of calculating the City's compliance with Government Code Section 65863.
Consistent with the General Plan and Policy No. 43, 1.74 dwelling units will be
deposited into the City's excess dwelling unit bank. These excess dwelling units are
available for allocation to other properties within the City with a unit capacity
adequate to satisfy the City's share of the regional housing need. Furthermore, the
project complies with all applicable development standards of the Planned
Development Ordinance, the Zoning Ordinance with the exception of a Variance (V 11-
03) from the resident parking standard of the Planned Development Ordinance. The
project is compatible with the surrounding residential uses.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0
PUD 11-06 - HARDING STREET
November 1, 2011
Page 2
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted
in the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the project involves the conversion of a detached four
unit apartment project to a four unit small lot subdivision, the remodel of three
existing one-family residences and construction of one new one-family residence, and
a private driveway, in which all necessary public facilities are constructed or
conditioned to be constructed. The proposed project requires one standards variance
to allow a tandem 2 car garage (instead of a side by side 2-car garage) for one of the
units. The project is compatible with surrounding one family, two family, and multi-
family residential uses, and no negative circulation impacts will result as the existing
roadway, Harding Street, can adequately accommodate the existing traffic generated
by this project.
3. The project will not adversely affect the public health, safety, or general welfare, in that the
project complies with all applicable development standards of Chapter 21.45 of the
CMC with the exception of a Variance (V 11-03) from the resident parking standard of
the Planned Development Ordinance.
4. The project's design, including architecture, streets, and site layout: a) contributes to the
community's overall aesthetic quality; b) includes the use of harmonious materials and
colors, and the appropriate use of landscaping; and c) achieves continuity among all
elements of the project, in that the existing remodeled bungalow style residences and
proposed Craftsmanship style home with attached garages are similar to other
surrounding developed residential projects to the north, south, east and west.
Architectural design elements include a variety of roof planes, off-set building
projections, exposed wood rafter tails, varied window shapes and sizes, and a
decorative asphalt shingled roof which is aesthetically pleasing and an attribute to the
neighborhood. The project's landscaping consists of a variety of plant materials to
enhance the visual appearance of the units. All elements (i.e. site layout, architecture,
landscaping) create continuity in the overall project design and the project is similar
to a variety of architectural styles that exist within the older established
neighborhood.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
6. That the Planning Director has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - In-fill Development
PUD 11 -06 - HARDING STREET
November 1, 2011
Page3
Projects and 15315 - Minor Land Division of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section 15300.2
of the state CEQA Guidelines do not apply to this project.
7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B).
8. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Recordation of the
associated Parcel Map (MS 11-01).
1. Approval is granted for PUD 11-06 as shown on Exhibit "A" dated November 1, 2011, on
file in the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this
Planned Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the condition complies with all
requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Planned Development Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
PUD 11-06 - HARDING STREET
November 1, 2011
Page 4
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
7. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body prior to
recordation of Parcel Map MS 11-01.
8. Prior to final parcel map, the Developer shall provide proof to the Director from the Carlsbad
Unified School District that this project has satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan
prior to final parcel map.
10. This approval is granted subject to the approval of Minor Subdivision MS 11-01 and is
subject to all findings and conditions contained in the City's administrative approval letter
for this other approval incorporated herein by reference.
11. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to a small lot single family
subdivision, the Developer shall pay to the City an inclusionary housing in lieu fee as an
individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as
established by City Council Resolution from time to time.
12. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions or similar instrument for the maintenance of the private
driveway. Said document shall be submitted to and approved by the Planning Director
prior to final map approval. Prior to final parcel map, the Developer shall provide the
Planning Department with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the Planning Director or similar
document. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within
30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article _, Section the City shall have
the right, but not the duty, to perform the necessary maintenance. If the City elects to
perform such maintenance, the City shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the maintenance
which the City finds to be required and requesting the same be carried out by the
Association within a period of thirty (30) days from the giving of such notice. In the event
that the Association fails to carry out such maintenance of the Common Area Lots and/or
Association's Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to reimbursement with
respect thereto from the Owners as provided herein.
PUD 11-06 - HARDING STREET
November 1, 2011
PageS
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the City
to perform such maintenance of the Common Area Lots and or Association's Easements.
The City shall provide a copy of such invoice to each Owner in the Project, together with
a statement that if the Association fails to pay such invoice in full within the time
specified, the City will pursue collection against the Owners in the Project pursuant to the
provisions of this Section. Said invoice shall be due and payable by the Association
within twenty (20) days of receipt by the Association. If the Association shall fail to pay
such invoice in full within the period specified, payment shall be deemed delinquent and
shall be subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by means of
any remedies available at law or in equity. Without limiting the generality of the
foregoing, in addition to all other rights and remedies available to the City, the City may
levy a special assessment against the Owners of each Lot in the Project for an equal pro
rata share of the invoice, plus the late charge. Such special assessment shall constitute
a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the
right and power to levy such special assessment, to impose a lien upon their respective
Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis and decks shall be as set forth in Exhibit .
13. Prior to the recordation of the associated Parcel Map (MS 11-01), Developer shall submit to
the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Minor Planned Development Permit PUD 11-06 -
HARDING STREET on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment to
the notice, which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
14. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection
performed on the property by the Building Department.
15. This project approval becomes null and void upon the expiration or withdrawal of Parcel Map
(MS 11-01).
16. This approval is granted subject to the approval of V 11-03 and is subject to all findings and
conditions contained in the Planning Commission Resolution No. 6810 for this other
approval and incorporated herein by reference.
General:
17. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad Municipal
Code Section 18.04.320.
PUD 11-06 - HARDING STREET
November 1, 2011
Page6
18. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building permit
issuance, except as otherwise specifically provided herein.
If you have any further questions, please call Greg Fisher in the Planning Department at (760) 602-
4629.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:GF:bd
Steven Bobbett, Project Engineer
Chris DeCerbo, Team Leader
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